Preambles in Treaty Interpretation
The New START Treaty debate provides a glimpse of what is a general state of uncertainty surrounding preambles, the roles… Continue reading →
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Get Out of Jail Free? Preventing Employment Discrimination Against People with Criminal Records Using Ban the Box Laws
Some legal scholars have argued that Ban the Box laws are inherently ineffective in preventing employment discrimination against people with… Continue reading →
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Read My Lipsky: Reliance on Consent Orders in Pleadings
Consent orders are used to resolve government enforcement actions through a court-approved settlement. Although consent orders often include detailed factual… Continue reading →
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Patent Nonuse and Technology Suppression: The Use of Compulsory Licensing to Promote Progress
The U.S. Supreme Court has consistently and adamantly held that patents do not require patentees to use or commercialize their… Continue reading →
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The Divided States of America: Reinterpreting Title VII’s National Origin Provision to Account for Subnational Discrimination Within the United States
From the marginalization of Native Americans to the bitter rivalry between the North and the South, discrimination within the United… Continue reading →
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Putting Plea Bargaining on the Record
More than a decade ago, Rolando Stockton rejected a plea bargain that came with a ten-year prison sentence, opting instead… Continue reading →
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Twenty Years of Shareholder Proposals After Cracker Barrel: An Effective Tool for Implementing LGBT Employment Protections
“This employee is being terminated due to violation of company policy. The employee is gay.” This was the reason Cracker… Continue reading →
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The Applicability of State Appeal Bond Caps in Suits Brought in Federal Courts Pursuant to Diversity Jurisdiction
Since 2000, forty-one states have passed appeal bond reform statutes, a tort reform measure that, in some shape or form,… Continue reading →
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All Alone in Arbitration: AT&T Mobility v. Concepcion and the Substantive Impact of Class Action Waivers
On April 27, 2011, the Supreme Court announced its decision in AT&T Mobility LLC v. Concepcion, one of the most… Continue reading →
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Chevron Corp. v. Berlinger and the Future of the Journalists’ Privilege for Documentary Filmmakers
The documentary film Crude, directed by award-winning filmmaker Joseph Berlinger, tells the story of a class action lawsuit brought by… Continue reading →